Fulton v. City of Philadelphia
Holding
City's refusal to contract with religious social services agency, when that agency refused to certify same-sex couples for foster placements, violated the Free Exercise Clause because the city had a structure for exemptions but declined to consider an exception for the agency; City failed to articulate a compelling reason to grant religious hardship. (Court expressly declined to overturn or substantially alter Employment Division v. Smith despite taking briefing on that.)
Citation
593 US ____ (141 S.Ct. 1868)
Year
Ratio
Library of Congress Link
Religious Tradition Involved
State/Territory of Origin
Clause (Free Exercise / Establishment / Both / Other)
Does it involve religious institution(s) or individual(s)
Local / State / Federal Legislation
Uphold / Overturn Penultimate Court
Penultimate court of appeals
Penultimate court opinion citation
Fulton v. City of Philadelphia, 922 F.3d 140 (3d Cir. 2019), cert. granted sub nom. Fulton v. City of Philadelphia, Pennsylvania, 140 S. Ct. 1104 (2020), and rev'd and remanded sub nom. Fulton v. City of Philadelphia, Pennsylvania, 141 S. Ct. 1868 (2021)